SUPREME COURT.

Star (Christchurch), Issue 6551, 3 August 1899, Page 3

SUPREME COURT.

IN DIVORCE. ' TirunsDAY, August 3. (Before his Honor Mr Justice .Dennistori.) The divorce ctize of Smith v. Smith, which wau adjourned from July 20, was called on. •Mr Bruges appeared for the petitioner, the husband, and Mr Barclay, with him Mr Kirk, for the respondent. Mr Bruges sr.id tliat, since the adjournment, he had got additional evidence as 'to the movements of Mrs Smith in 1894-5, and he thought that somo of the evidence previously given' as concerning 3394 really referred to January, ~> 5. He was unable to produce Miss Tofts, „-ho Wi , s in Sydney, but lie bad sot a photograph, bv which Miss Toffs could be identified. D>. could further prove that Miss Tofts was livirg alone at- Nixon's benrdini 'house, Christohurch in January. 18?5. Mr Barclay submitted that the> adjournment had been granted, solely with the view of obtaining Miss Toft's evidence. His Honor said that he could not allow the contention. He had granted the ad- i jcumment, so that any evidence which might clear up the case could be brought, fonvard. Mr Bruges called Annie Guy, who deposed, that the evidence she had previously given With respect >to Glover's boardinghouse referred to January, 1895. Witness fixed the date by a receipted medical account on Jan. 23. Mr and Mrs Wallace .had left tho house a week previously. Arthur A. K. Duncan, an officer of the. Public Tru«L Office, deposed that he had been an officer of the Department iii 1894---5. Miss Tofts had an account in that office, and witness frequently saw her. Witness identified the photograph of Miss Tofts, whom he also knew as Mrs Wailace. In height, build and complexion Miss Tofts resembled Mrs .Smith. To Mr Barclay : They would resemble .each other at- a distance, but not if seen closely. Annie Guy, re-called by Mr Bruges, deposed that Uie photograph of M'ss Tofts produced did not at all resemble tha Mrs Wallace she had known. Witness was sure that the respordant was the same person she had known as Mrs Wallace. William Henry Travis, called by Mr Bruges, repeated the evidence he gave on July 20. The portrait produced (that of Mis? Tofts) was not the photograph of the person he had known as Mrs Wallace. Robert Hyde and Joseph Pox identified tlie photograph of the respondent as that of Mrs Wallace. On a lady being produced in Court, the latter witness said that she resembled Mrs Wallace. 'Counsel for the respondent then informed the Court that sbe was respondent's sister. '.'• Dixon Kerr, doctor's coachman, called by Mr Bruges, remembered Mrs Wallace staying in Glover's Boardinghouse in Jan., 1895. Witness thought the lady produced in Court resembled Mrs Wallace. Alice Beatrice Nixon, boardinghousekeeper, Christehurch, remembered a young woman named Nelly Wallace, who boarded with her during the whole of January, 1895. To Mr Barclay: Tlie young woman referred to was boarding with witness before the November races. ' Carrie Stapleton, a inarried woman/residing at Christchurch, called by Mr Bruges, remembered a young woman named Nelly Wallace, who came from Wellington and boarded with witness's mother in November, 1894/ Miss Wallace was never out at night, unless accompanied by witness. Witness recognised the photo of respondent as that of Nelly Wallace. Mr Barclay proposed to produce evidence to show that the man Wallace was in Wellington in November and December, 1894, and that Mrs Smith went by the Tasmania from Wellington, arriving at Dunedin early in 1895. That she remained there during January until close to the end of the month, when she went to Christchnroh, and was away about six days ; and that excepting that time she was not in Christchurch either in November, December, January, or February. He called Joseph Zachariah, a licensed pawnbroker, resident at ''Wellington, who deposed than he was acquainted with Wallace, and had business transactions with him at Wellington extending from October to the end of December. Witness left Wellington hi the Tasmania on Dec. 27, bound for Invercargill. Mrs Smith, who was a passenger, went right through to Dunedin on the boat. _. A. A. K. Duncan, recalled by Mr Barclay, deposed that Miss Tofts had informed him that she had come back to Wellington because her husband had deserted her. This would be some months after her marriage. Maude Fox, a Dunedin resident, called by Mr Barclay, knew tbe respondent, who lived at Smith Street, Dunedin, with her father and mother, and Mrs M'Donald Witness was' frequently at that house in tho first week of January, 1895, and stayed there subsequently, about Jan .24. Mrs Smith -was then, coming up to Christchurch with her mother, who was an invalid. To the best of witness's belief Mrs Smith was absent for about six days. Ada M'Donald, sister of the respondent, deposed that in January, 1895, she was living at her own house in Dunedin. To Mr Bruges : Mrs Smith stopped in Dunedin all Januaiy until the end of the month. Came Stapleton, recalled, deposed that Mrs Wallace had told her that' she was a married woman, and had £100 in the Pub- , lie Trust Office. On the application of Mr Bruges, his Honor adjourned further hearing until August 24 for the production of the evidence of Miss Tofts and ex-Chief Detective O'Connor ; petitioner to pay all reasonab'e costs of the respondent. His Honor also granted a commission to sit at Auckland and take evidence. Tlie Court rose at 1.35 p.m.

[Per Press Association.] DUNEDIN, August 3. Two divorce eases were disposed of today. Co£ v. Cox was the first case in tlie colony under the 1898 Act, providing relief on desertion for upwards of five years being proved. The other case, was Anderson v. Anderson. The parties were married eighteen years ago. The wife left her husband the day after marriage to rejoin a man for whom she acted as housekeeper. The Judgeheld the delay sufficiently accounted fpr by tlie combination of the facts that the peti tioner was a foreigner, illiterate and in poo. circumstances. Decrees were granted.